Washington Administrative Code

(1) The amount of the GAP cash payment is determined by negotiations between the applicant and the department based on the following factors:(a) The child's or youth's needs and the applicant's circumstances. The agreed GAP cash payment and applicant's resources should combine to…

The GAP agreement must be signed prior to entry of the order establishing guardianship. The agreement takes effect on the date the court enters an order establishing the guardianship.[Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0110, …

(1) The department will reimburse some or all of the guardian's nonrecurring guardianship expenses associated with establishing the guardianship and as specified in the agreement up to $2,000 per child or youth.(2) The department will reimburse for the following nonrecurring guar…

(1) Guardians requesting reimbursement must submit to the department a copy of the bills or receipts itemizing the expenses specified in the agreement for which they are seeking reimbursement.(2) The department must reimburse documented actual costs up to the maximum amount speci…

(1) The terms of a GAP agreement may be modified only if both the guardian and the department agree to the modification. The department will consider a modification when:(a) Requested by the guardian;(b) Specific circumstances warrant renegotiation and adjustment of the GAP cash …

(1) The department may suspend a guardian's GAP agreement subsidy if:(a) They cannot establish that the:(i) Guardian is legally responsible for the support of the child or youth; or(ii) Child or youth is receiving any support from the guardians.(b) They have provided notice to th…

The GAP agreement will be terminated if the terms of the GAP agreement are not met or any one of the following events occur:(1) The youth reaches 18 years of age and the GAP agreement is not eligible to be extended under WAC 110-85-0210;(2) The youth turns 21 years of age;(3) The…

(1) Guardians have the right to an administrative hearing, per chapter 110-03 WAC, to contest the following department actions:(a) Failure to respond with reasonable promptness to a written application for modification or request for services;(b) Denial of a written request to mo…

(1) Guardians may not receive foster care payments for a child or youth while receiving GAP cash payments for the same child or youth.(2) If the guardian is receiving a GAP cash payment for a child or youth, they are not eligible for a nonneedy relative grant, in loco parentis, o…

(1) Guardians must inform the department's regional GAP gatekeeper within 30 days of the change in circumstance that might affect the child's or youth's eligibility for GAP subsidy. Failure to report a change in circumstance may result in:(a) An overpayment;(b) Missed payment;(c)…

If the guardianship family resides in or moves to another state, the GAP subsidy is affected as follows:(1) The Washington state department remains responsible for any GAP cash payments; and(2) Medical services:(a) If the child or youth is eligible for Title IV-E medical services…

(1) The GAP agreement subsidy may be extended when the youth reaches 18 years of age and the following criteria is met:(a) The guardian contacts the regional GAP gatekeeper prior to the youth's 18th birthday:(i) To request services continue; and(ii) Provides documentation of thei…

(1) In the event of the death or incapacity of the guardian, the GAP subsidy will transfer to the successor guardian named in the GAP agreement.(2) The GAP agreement must be amended when the named successor guardian becomes the guardian.(3) Before the GAP cash payment is transfer…

If a child or youth needs residential treatment, no additional GAP subsidies will be provided to pay for residential treatment placements.[Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0230, filed 5/15/24, effective 6/15/24.]

If children or youth are receiving GAP subsidy and are placed in out-of-home care, the department may:(1) Continue the GAP subsidy during their out-of-home placement as long as the permanency plan is to return home.(2) Terminate the GAP agreement, per WAC 110-85-0160, if the guar…

(1) If both the child or youth and guardian met eligibility requirements in WAC 110-85-0050 before the guardianship was established, but the guardian did not have a GAP agreement, the guardian may still obtain the subsidy if an ALJ makes a finding of extenuating circumstances thr…

The legal basis for the department's EFC program are:(1) RCW 13.34.267;(2) RCW 74.13.031; and(3) 42 U.S.C. § 671-675.[Statutory Authority: 2024 c 192, RCW 74.13.031, 13.34.267, and 42 U.S.C. s 671-675. WSR 25-10-016, s 110-90-0010, filed 4/25/25, effective 6/1/25. WSR 18-14-078, …

The EFC program was established to prevent homelessness and provide an opportunity for youth who are dependent at age 18 to voluntarily agree to continue receiving foster care services including:(1) Placement in licensed or supervised independent living (SIL) settings;(2) Assista…

The following definitions apply to this chapter:"Department" means the Washington state department of children, youth, and families."Extended foster care program (EFC)" means the same as defined in RCW 74.13.020."Supervised independent living subsidy (SIL)" means the same as defi…

(1) To be eligible for the EFC program, a youth must:(a) Be dependent on their 18th birthday under chapter 13.34 RCW; and(b) Be under 21 years old; and(c) Voluntarily agree to participate in the EFC program.(2) To remain eligible for the EFC program, youth who meet the requiremen…

(1) Youth who meet the eligibility requirements in WAC 110-90-0040 may voluntarily sign an EFC agreement starting at age 17.5.(2) Youth participating in the EFC program may authorize the department access to records related to their:(a) Medical;(b) Mental health;(c) Substance use…

The department must:(1) Have placement and care authority for EFC youth in order to provide services that includes, but not limited to:(a) Transition planning and independent living services;(b) Medical assistance through medicaid;(c) SIL subsidy, if applicable; and(d) Case manag…

Youth participating in the EFC program have a right to:(1) A foster care or SIL placement;(2) Medical assistance through medicaid;(3) Participate in court proceedings as a party to the case;(4) Referrals to community resources, if applicable; and(5) Enter or exit EFC at any time …

The EFC youth are:(1) Considered youth for the purposes of the dependency but have the legal status and legal rights of an adult.(2) Responsible for their actions including, but not limited to:(a) Purchases;(b) Driving;(c) Traveling; and(d) Financial obligations related to the ac…

Youth participating in the EFC program may:(1) Voluntarily exit the program at any time prior to their 21st birthday, by notifying their:(a) Caseworker; and(b) Court; and(2) Reenter EFC at any time prior to their 21st birthday if they meet the eligibility criteria outlined in WAC…

The office of the family and children's ombudsman is intended to promote public awareness and understanding of family and children's services, identify systems issues, and monitor and ensure compliance with administrative acts, statutes, rules, and policies pertaining to family a…

For purposes of these rules the following terms have the meanings indicated:(1) "Administrative act" means an act, decision recommendation, or omission made by a:(a) Government agency or its contracting entity; or(b) State-licensed, or state-certified, agency or facility, that af…

OFCO was created and receives its authority from chapter 43.06A RCW.[Statutory Authority: RCW 43.06A.030(8). WSR 00-23-046, § 112-10-030, filed 11/13/00, effective 12/14/00. Statutory Authority: RCW 43.06A.030(6). WSR 00-05-036, § 112-10-030, filed 2/10/00, effective 3/12/00; WSR…

OFCO shall: (1) Provide information as appropriate on the rights and responsibilities of individuals receiving family and children's services, and on the procedures for providing these services.(2) Investigate administrative acts alleged to be:(a) Contrary to law, rule, or policy…

When the ombudsman or the ombudsman's staff has reasonable cause to believe that any person has acted in a manner warranting criminal or disciplinary proceedings, he or she shall report the matter, or cause a report to be made, to the appropriate authorities. Reasonable cause mea…

When the ombudsman, ombudsman's staff, or any volunteer, has reasonable cause to believe that a child or adult dependent or developmentally disabled person has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforce…

OFCO fulfills its duties through the following activities:(1) Information and referral;(2) Interventions;(3) Systemic investigations;(4) Administrative investigations;(5) Complaint tracking and referral; and(6) An annual report.(a) Information and referral.(i) OFCO responds to re…

(1) OFCO investigative records are confidential and exempt from disclosure under the Public Disclosure Act, chapter 42.17 RCW.(2) Confidential records received by OFCO shall be maintained as provided for under the law.(3) OFCO shall treat all matters under investigation and inves…

The purpose of this chapter is to adopt rules, regulations, and guidelines to implement executive orders issued by the governor prohibiting any person or persons with certain limited exceptions from entering the high risk danger zone known as the restricted zone of the Mt. St. He…

"Restricted zone" shall mean that high hazard area immediately adjacent to or surrounding the Mt. St. Helens volcano closed to public access by the governor of the state of Washington pursuant to RCW 43.06.010, 43.06.210, 43.06.220, 38.52.050, and 38.52.010. The restricted zone b…

The following shall be subject to a limited exception to the prohibition against entry or occupancy in the restricted zone.(1) U.S. Geological Survey personnel who are performing official duties related to scientific evaluation and hazard assessments that require their presence i…

(1) All permit holders must have two-way communications available within the restricted zone with a base station located outside of the zone. The base station must be monitored at all times while the permittee is in the restricted zone. The base station emergency phone number mus…

When the restricted zone is expanded by governor's executive order to include areas outside of USFS lands and the Mt. St. Helens National Volcanic Monument, the following shall apply.The DOL may process restricted zone entry permit applications at but limited to the following loc…

When the restricted zone is expanded by governor's executive order to include lands outside of USFS lands and the Mt. St. Helens National Volcanic Monument, the following shall apply.(1) Individuals desiring access to the restricted zones should contact one of the designated DOL …

When the restricted zone is expanded by governor's executive order to include lands outside of USFS lands and the Mt. St. Helens National Volcanic Monument, the following shall apply.(1) Permanent residence applicants must present proof of ownership or control of real property or…

When the restricted zone is expanded by governor's executive order to include lands outside of USFS lands and the Mt. St. Helens National Volcanic Monument, the following shall apply.(1) Recreation property owners, renters, or lessees must comply with the following conditions:(a)…

When the restricted zone is expanded by governor's executive order to include lands outside of USFS lands and the Mt. St. Helens National Volcanic Monument, the following shall apply.(1) Visitors must maintain a signed waiver on file with DOL.(a) All visitors eighteen years of ag…

(1) Media permit applications will be reviewed by a USFS review committee.(2) Scientific research permit applications will be reviewed by a USFS scientific research review committee.(3) Requests for permits by both media and scientific research personnel will be forwarded to the …

When the restricted zone is expanded by governor's executive order to include lands outside of USFS lands and the Mt. St. Helens National Volcanic Monument, the following shall apply.(1) Individuals who establish proof of permanent residence in communities or areas within the res…

When the restricted zone is expanded by governor's executive order to include lands outside of USFS lands and the Mt. St. Helens National Volcanic Monument, the following shall apply.(1) Individual(s) or governmental entity(s) issued a permit under WAC 118-03-050, 118-03-110, and…

When the restricted zone is expanded by governor's executive order to include lands outside of USFS lands and the Mt. St. Helens National Volcanic Monument, the following shall apply.(1) Industrial permits issued for the restricted zone prior to August 1, 1985, are valid until th…

Federal, state or local government administrative personnel on official business shall be authorized entry into the restricted zone when:(1) Such entry will not burden official search and rescue missions or other emergency operations in the restricted zone, and(2) Such entry be l…

The director, DEM, his designee(s) or the USFS may authorize persons not included in the above specific categories to enter the restricted zone when:(1) Such entry be limited, to the extent possible, to specified destinations and routes within the restricted zone, and(2) Such ent…

(1) In the event that volcanic activity or other events increase the danger already present in the restricted zone, permits, except permanent residents, when applicable, and scientific personnel approved by the director of DEM, his designee(s), or the USFS may be suspended or rev…

The purpose of this chapter is to adopt rules pertaining to the use, classes, scope, conditions of duty and training of emergency workers and compensation of emergency workers' claims.The intent of these rules is to clearly delineate the responsibilities of authorized officials a…